News & Analysis as of

Department of Natural Resources Comprehensive Environmental Response, Compensation and Liability Act

Latham & Watkins LLP

DOI Seeks Comments on Proposal to Expand Natural Resource Damage Assessment Procedures

Latham & Watkins LLP on

The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims. On January 18, 2023, the US Department of the Interior...more

Fox Rothschild LLP

Outcome of PFAS Decision Remains Uncertain in the Midst of Stay

Fox Rothschild LLP on

On February 23, 2021, Plaintiffs Wisconsin Manufacturers and Commerce (WMC) and Oconomowos dry cleaner sued Wisconsin’s Department of Natural Resources (WDNR) seeking declaratory relief and an order to enjoin WDNR from...more

Foley & Lardner LLP

It’s Complicated: The Evolving Regulation of “Forever Chemicals” in Wisconsin

Foley & Lardner LLP on

For the past several years, the Wisconsin Department of Natural Resources (“WDNR”) has engaged in a multi-media effort to regulate the class of chemicals commonly referred to as “forever chemicals” in waters and soils in the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Contamination/Asset Purchase Agreement: Federal Appellate Court Interprets Indemnification Provision

The United States Court of Appeals for the Seventh Circuit (“Court”) addressed in a March 31st Opinion the indemnification provision of an Asset Purchase Agreement (“APA”) involving contamination that was identified...more

Beveridge & Diamond PC

Legal Whipsaw in Washington Sawmill Case: State Supreme Court Decision Fundamentally Changes the Scope of Liability Under the...

Beveridge & Diamond PC on

On May 24, 2018, in a significant decision with far-reaching implications for cleanups at Washington’s contaminated sites, the Washington State Supreme Court narrowed the scope of “owner or operator” liability under the state...more

Perkins Coie

Potential Expansion of MTCA to More Owners/Operators of Contaminated Properties in Washington

Perkins Coie on

The Washington State Court of Appeals recently held the Department of Natural Resources (DNR) liable as an operator or owner of a contaminated site under the Model Toxics Control Act, RCW 70.105D (MTCA), in Pope Resources, LP...more

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